특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a car in XG.
On June 20, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.128% while under the influence of alcohol leveling around 21:40 on June 20, 2018, while driving the said vehicle on a normal condition that it is difficult to drive the vehicle normally, such as a walking distance, and led D front roads located in Daejeon Seo-gu Daejeon to the direction of the Dong community hall in the direction of the new elementary school.
At the time, it is a night and a set of three streets, and if the right of way is made, the right of way to the center line of the yellow solid line is entered into one lane. In such a case, the driver of the motor vehicle has a duty of care to protect his own course by properly operating the steering gear and the operation of the motor vehicle and to prevent the accident by safely driving the motor vehicle in front and following it.
Nevertheless, the Defendant neglected to drive under the influence of such drinking as above and neglected to drive the right-hand part of the Defendant’s vehicle, and due to the negligence of the Defendant’s failure to do so, the Defendant 1 got the left-hand side of the Defendant’s vehicle of the Victim E(S) who was in normal operation along the lane in the direction of the end-of-the-day elementary school located in the direction of the end-of-date.
Ultimately, the Defendant suffered injury to the victim, such as “brain sugar without an open head,” which requires approximately two weeks of medical treatment due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Reports on the occurrence of a traffic accident and photographs;
1. Notification of the results of regulating drinking driving;
1. Statement report on the situation of the driver at the main place and investigation report;
1. Application of Acts and subordinate statutes to identification cards and diagnostic certificates;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to the driving of danger, the choice of imprisonment), and Articles 3(1) and 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.